Critical Reasoning – “When a Hakeem (Judge) gives a wrong judgement” vs Difference of opinions of Scholars
Bismillah! Al Hamdulillah!
The Premise :
Is a Judge (Hakeem) and a scholar a same person?
> Could be.
Is a Judge (Hakeem) and a scholar are same person in Islamic Shariah, legal point of view?
A Hakeem (Judge) must be a scholar but not all scholars are Hakeem.
A Hakeem has a legal position with assigned responsibility while a Scholar doesn’t have a legal responsibility.
A Hakeem’s verdict has to be obeyed but a scholar’s is not.
Is Hukm (Judgement) of a Judge and opinion of a scholar same thing?
Does a personal view of a Judge and personal view of a scholar same thing?
While all Judgement might consist partly of personal views of a Judge but all scholars opinions are based on personal views on his understanding of Shariah
A Judge might pass his judgement based on his opinion and still it will be called a judgement but a scholar’s opinion cannot be regraded as a judgement it will always be called an opinion only.
“If a judge makes a ruling, striving to apply his reasoning and he is correct, he will have two rewards. If a judge makes a ruling, striving to apply his reasoning and he is mistaken, he will have one reward.”
“ إِذَا حَكَمَ الْحَاكِمُ فَاجْتَهَدَ فَأَصَابَ فَلَهُ أَجْرَانِ وَإِذَا حَكَمَ فَاجْتَهَدَ فَأَخْطَأَ فَلَهُ أَجْرٌ ”
Ṣaḥīḥ al-Bukhārī 6919, Ṣaḥīḥ Muslim 1716, Ibne Majah 2314 (Saheeh),
What is the subject here?
< Hukm (Judgement).
Who is mentioned here as for giving the judgement?
> A Hakeem (Judge).
What are the issues that go to a Hakeem to Judge?
> The arbitration issues, the issues of crimes etc.
What are the issues that people seek from a scholar?
> Usually Fatwa, the ways of doing an act of rituals or ways of life.
Is the judgement of a Hakeem a verdict which to be followed?
And does an opinion of a scholar mandatory to be followed?
Is it possible that a Hukm (Judgement) from an Islamic court could have two different verdicts?
Could an issue have two different opinions from two different scholars?
Is following any opinion among a few opinions of different scholars acceptable?
Since variations in opinions of scholars are already acceptable then does a question arise for ‘If a judge passes a ruling and he is mistaken’ to be applied on the scholars?
> I don’t think so!
When you say two opinions of different scholars are okay then can you say one opinion is wrong?
This Hadith says when the ruling of a Hakeem is wrong.
and you already agreed that two different opinions of scholars are not wrong.
What does it mean?
Could you then fit this Hadith to a scholar’s opinion on an issue?
> I don’t think so.
Do you now understand this Hadith is not talking about the scholarly opinion?
> Clear like daylight!
Clearly this Hadith is to apply in regards to the judgement of a Hakeem only not on a scholarly opinion.
It’s Simple Math.
And Allah knows best.
And the Misguidance:
Now you know, how many misguidances this Ummah is wrapped with.
They bring this Hadith to validate a Baatil scholar’s opinion.
They follow a fatwa from a Baatil ‘scholar’ or even they follow a group of Baatil scholars thinking if the scholars do wrong in their opinion yet they will get a reward.
And that’s not the end of the misguidance.
Not only they apply this Hadith to a ‘scholar’ but they took it further.
Many followers of those Baatil ‘scholars’ even have the understanding that they will be safe because they are following a ‘scholar’ even if he gives a wrong Fatwa.
Inna Lillahi Wa Inna Ilaihi Rajiun.
Allah Tabaraka Wa Ta’ala says,
“If you follow a scholar who makes Halal what Allah made Haram, you will be a Mushrik”.
And most of the scholars today made Halal what Allah made Haram and the most of the Muslims are following those opinions becasuse of the misunderstanding of this Hadith.
May Allah guide those Muslims. May Allah guide those Baatil ‘scholars’. May Allah save Muslims from being Mushrikun.
The issue of difference in opinion:
But then what about the issue of ‘variation in the opinion is acceptable’?
Does it mean we can follow a Baatil scholar’s opinion too?
> That’s a different issue In Shaa Allah we will discuss in its proper place.
This is about variation in opinions among the scholars of Haqq.
For example, The scholars of Madhabs. They all are on Haqq but they differed in opinions.
You can choose the best of the opinions which goes with the authentic Hadith.
And you won’t find those Haqq Ulema differed in opinions in the matters of Shirk unlike today’s ‘Ulema’. So, do not be fooled by the ‘variations in the opinion of scholars are acceptable’.
Rather check the nature of the issue.
On the other hand, Baatil is already Baatil.
You must find out the Baatil and reject the Baatil in the first place.
And when a group of scholars come up with one opinion and even a single scholar comes up with another opinion on an issue which is not only Haram or Halal but the issue of Shirk, then, in that case, one opinion must be a Baatil opinion and the ‘Ulema’, who hold the Baatil opinion, even if they are from a group of ‘Haqq’ or they form the so-called ‘Majority’, still they are Baatil. Because we already proved you, ‘Foolowing the Majority’ is a MYTH.
And Allah knows best.
Therefore, what’s your way out?
It is ONE and ONLY, following the command of Allah Ajja Wa Jalla!
And He, Subhanahu Wa Ta’ala commanded you to CONTEMPLATE on His Ayat in how many ways!